Loading...
HomeMy WebLinkAbout90-2510/30/89 COUNCIL RESOLUTION NO. 90-25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING FINDINGS AS TO THE FINAL ENVIRONMENTAL IMFACT REPORT FOR THE UKIAH REDEVELOFMENT FROJECT WHEREAS, a Draft Environmental Impact Report (the "Draft EIR") and a Draft Supplemental Environmental Impact Report (the "Draft Supplemental EIR") on the Redevelopment Plan (the "Redevelopment Plan") for the Ukiah Redevelopment Project (the "Project") were prepared by the Ukiah Redevelopment Agency (the "Agency") pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq., hereinafter the "State CEQA Guidelines") and local procedures adopted by the Agency pursuant thereto; and WHEREAS, a Notice of Completion of the Draft EIR was filed with the Office of Planning and Research COPR") on May 9, 1989, and a public notice of the availability of the Draft EIR was published in the Ukiah Daily Journal on May 1, 1989; and WHEREAS, a Notice of Completion of the Draft Supplemental EIR was filed with OPR on September 22, 1989, and public notice on the availability of the Draft Supplemental EIR was published in the Ukiah Daily Journal on October 2, 1989; and WHEREAS, the Draft EIR and Draft Supplemental EIR were thereafter revised and supplemented to adopt changes suggested, to incorporate comments received and the Agency's response to said comments, and as so revised and supplemented, a Final Environmental Impact Report (the "Final EIR") was prepared and submitted to the City Council of the City of Ukiah (the "CoUncil"); and WHEREAS, a joint public hearing was held by the Agency and the Council on November 1, 1989, on the Redevelopment Plan and the Final EIR relating thereto, following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment thereon or object thereto having been heard, and said Final EIR and all comments and responses thereto having been considered; and WHEREAS, the Final EIR consists of the Draft EIR and Draft Supplemental EIR, as revised and supplemented, made a part of the Agency's Report on the Redevelopment Plan, incorporating all comments received and the response of the Agency and the Council thereto as of the date hereof; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UKIAH DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Council has considered the Final Environmental Impact Report as prepared by the Agency and evaluated all comments, written and oral, received from persons who have reviewed the Draft EIR and Draft Supplemental EIR. Section 2. The Council hereby makes the written findings set forth in Exhibit A, attached hereto and incorporated by reference herein, for each of the significant effects set forth in said Exhibit A, and further approves the statements of facts set forth in said Exhibit A. Based on such findings and statements of facts, the Council hereby finds that significant environmental effects have been reduced to an acceptable level in that all significant environmental effects have been eliminated or substantially lessened, except for the following: Cultural Resources -- Potential loss of historic structures. Based on the foregoing, the Council finds and determines that the Ukiah Redevelopment Project will have a significant effect upon the environment. Section 3. As to the significant environmental effects identified in Section 2 of this resolution which are not mitigated or substantially lessened, the Council hereby adopts the following statement of overriding considerations. The Council hereby finds that, based on the findings and statements of facts set forth in Exhibit A, and based on the Final EIR and/or other information contained in the record, its action to approve and carry out the Redevelopment Plan is supported for the reasons that the Redevelopment Plan will: eliminate blighting influences and correct environmental deficiencies in the Project Area, including, among others, small and irregular lots, obsolete and aged building 'types, incompatible and uneconomic land uses, substandard alleys and inadequate or deteriorated public improvements and facilities; permit the assembly of land into parcels suitable for modern, integrated development with improved pedestrian and -2- vehicular circulation in the Project Area; replan, redesign and develop undeveloped areas which are stagnant or improperly utilized; provide opportunity for participation by owners and tenants in the revitalization of their properties; strengthen retail and other commercial functions in the downtown area; strengthen the economic base of the Project Area and the community by the installation of needed site improvements to stimulate new commercial/light industrial expansion, employment and economic growth; provide adequate land for parking and open spaces; establish and implement performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project Area; and expand and improve the community's supply of housing for low- and moderate-income persons. Section 4. The City Clerk of the City of Ukiah is hereby directed to file a Notice of Determination with the County Clerk of Mendocino County and the Office of Planning and Research pursuant to the provisions of Section 15096(i) of the State CEQA Guidelines. PASSED AND ADOPTED this 9th dayof November ,1989, by the following vote: AYES: Councilmembers Wattenburger, Schneiter, Hickey and t.layor Henderson NOES: None ABSENT: Counci lmember Shoemaker ATTEST: UKI/CCEIRRes/CDC -3- EXHIBIT A FINDINGS ON SIGNIFICANT EFFECTS . e Description of significant effect: Land Use: Potential displacement of residents of the Circle Trailer Park and relocation of Public Library due to construction of the County complex and City and County parking facilities. The City Council finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The facts supporting such finding are as follows: a. The Agency shall not displace residents of the Circle Trailer Park. bo The Agency shall not permit development that will relocate or cause to be relocated the Public Library. Description of significant effect: Earth: Potential for a seismic event at proposed parking deck at Pine, School, Standley and Oak Streets. The City Council finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The facts supporting such finding are as follows: An on-site geotechnical report shall be prepared for the parking deck by a Certified Engineering Geologist. 'b. The geotechnical report shall be considered and the geotechnical and geologic consultant shall be consdlted on the design and construction of the parking deck. UKI/AgySigEff/CDC ge e Monitoring Actions: Prior to the City Planning Department's approval of any design or construction plans, the City Public Works Department shall verify that a certified engineering geologist's report has been prepared on the parking deck and that the report contents have been consulted in the design and construction of this parking deck. Description of significant effect: Earth: After rehabilitation, the Palace Hotel could be subject to a potentially hazardous seismic event. The City Council finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The facts supporting such finding are as follows: In the event the Palace Hotel is rehabilitated, the rehabilitation plans shall be required to include provisions and designs for withstanding seismic shaking. bo Rehabilitation plans of the Palace Hotel shall be accompanied by a report by a certified engineering geologist and a structural engineer. Monitoring Actions: Prior to the City Planning Department's approval of any plans for rehabilitation of the Palace Hotel, the City Public Works Department shall verify that the plans include provisions and designs for withstanding seismic shaking and that the appropriate certified engineering geologist and structural engineer reports have been submitted. Description of significant effect: Earth: Potential seismic hazard from new or rehabilitated housing. The City Council finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The fact supporting such finding is as follows: UKI/AgySigEff/CDC , All new or rehabilitated housing shall be required to include provisions and designs for withstanding seismic shaking, and shall be built in accordance with the Earthquake Regulations contained in Chapter 23, Section 2312 of the Uniform Building Code (City Ordinance No. 838). Monitoring Actions: Prior to the City Planning Department's approval of plans for new or rehabilitated housing, the City Public Works Department shall verify that the plans include provisions and designs for withstanding seismic shaking and the City Building Department shall verify that they meet the Earthquake Regulations of the Uniform Building Code. Description of significant effect: Water: Construction of the County complex and City and County parking facilities may result in additional covering of Gibson Creek which could result in eliminating flooding in the area where the projects are proposed to be located but may also displace the flooding to a more sensitive and widespread area. The City Council finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The facts supporting such finding are as follows: Within the area proposed for the County complex and City and County parking facilities, Gibson Creek shall be opened to the sky for as much of its length as possible. bo The creek bed shall be expanded where possible and configured to be a flood zone. Co The creek and its flood zone shall be integrated into the design of the County complex and City and County parking facilities. Monitoring Actions: 'The Planning Department shall review development plans for the project to ensure that the above mitigation measures are incorporated into the development plans. UKI/AgySigEff/CDC , 7. Description of significant effect: Water: Potential for upstream flooding along Gibson Creek due to new overcrossing for realignment of Leslie Street. The City Council finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The facts supporting such finding are as follows: The City Engineering Department shall review the Leslie Street realignment and overcrossing design to ensure there will be sufficient clearance for flood waters. bo The County of Mendocino shall be consulted on the design of the Leslie Street realignment and overcrossing, to ensure that portions of Gibson Creek within the County's jurisdiction will not flood. Monitoring Actions: Prior to the City Public Works Department approving the design plans for the Leslie Street realignment and Gibson Creek overcrossing, the Public Works Department shall submit evidence to the Agency that (a) they have been designed in a manner that will provide sufficient clearance for flood waters; and (b) the County of Mendocino has been consulted on the design. Description of significant effect: Light and Glare: Potential illumination of residential properties due to lights on top of and around parking deck. The City Council finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The fact supporting such finding is as follows' Luminaries on the parking deck shall either be shielded from outside view by the structural walls, or be of the sharp cut-off variety no higher than 10 feet from the parking level which they illuminate. UKI/AgySigEff/CDC , o Monitoring Actions: The City Planning Department shall review development plans for the proposed parking deck to assure that the luminaries meet the above criteria. Description of significant effect: Traffic: Potential increase in traffic due to development of the County complex or City and County parking facilities. The City Council finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The facts supporting such findings are as follows: Prior to City approval of any design and development plans for these projects, the Agency or City shall prepare or cause to be prepared a traffic and circulation study and plan. be Upon completion of the traffic and circulation plan, it will be reviewed pursuant to CEQA to determine if there are any potential significant effects. Monitoring Actions: The Planning Department shall not approve the final deSign of the County complex or City and County parking facilities, unless a traffic circulation study and plan has been completed and it has been reviewed pursuant to CEQA to determine if there are any potential significant effects. Description of significant effect: Plant Life: Construction of the County complex and City and County parking facilities and the parking deck could result in the loss of existing trees and shrubs from the downtown area. The City Council finds that changes or alterations have been required in, or incorPorated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. UKI/AgySigEff/CDC 11/1/89 10. The fact supporting such finding is as follows: All plant material removed shall be replaced at a three-to-one ratio. Monitoring Actions' Once the site for development of the County complex and City and County parking facilities has been determined, the City Parks and Recreation Department shall inventory the trees on the site and advise the City Planning Department of the r{umber and type of trees that will be required for approval of the landscaping plans for the site. The Planning Department shall inspect the site for compliance prior to occupancy. Description of significant effect: Animal Life: If spawning in Gibson Creek were to occur in the future, a new crossing for Leslie Street and construction of the County complex and City and County parking facilities would increase the covering of Gibson Creek and may be deleterious to salmon and steelhead spawning. The City Council finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The facts supporting such finding are as follows: ao If a new crossing on Leslie Street is constructed, the existing Leslie Street bridge covering Gibson Creek shall be removed. be The initial phase of clearing and grubbing of the stream channel shall be accomplished when there is no surface flow in the channel and subsurface soils shall be held to a minimum. Ce The construction and excavation phase of the Leslie Street project and the County complex and City and County parking facilities shall not take place if surface flow is present, unless the flow is divided through the work area by means of a pipe or other suitable method. d° The City shall negotiate and enter into a 1603 stream crossing agreement with the California Department of Fish and Game prior to any construction of a new crossing on Leslie Street. UKI/AgySigEff/CDC 11/1/89 eo f. As much existing covering of Gibson Creek as possible within the County complex and City and County parking facilities site shall be removed and opened to the sky for as much of its length as possible. The Agency and City shall not approve plans for the County complex and City and County parking facilities which will result in additional barriers lo the upstream migration of spawning fish. 11. g. Additional coverings of Gibson Creek will not be allowed, unless the total project results in an overall reduction in the coverings of Gibson Creek. Monitoring Actions' Prior to construction of a new Gibson Creek crossing on Leslie Street, the Agency shall verify that a 1601 stream crossing agreement has been entered into between the City and the California Department of Fish and Game. In addition, the City Public Works Department shall inspect the stream channel for surface flow during the initial phase of clearing and grubbing and during the construction and excavation phase of the project to ensure compliance with the mitigation measures. Description of significant effect: Animal Life: The potential loss of trees in the downtown area from construction of the County complex and City and County parking facilities could result in the removal of song bird habitat. The City Council finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The fact supporting such finding is as follows: Any trees lost as a result of construction of the County complex and City and County parking facilities shall be replaced on a three-to-one ratio. Monitoring Actions: Once the site for development of the County complex and City and County parking facilities has been determined, the City Parks and UKI/AgySigEff/CDC 11/1/89 12. 13. Recreation Department shall inventory the trees on the site and advise the City Planning Department of the number and type of trees that will be required for approval of the landscaping plans for the site. The Planning Department shall inspect the site for compliance prior to occupancy. Description of significant effect: Aesthetics: Potential visual intrusion upon neighborhood due to construction of parking deck. The City Council finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The fact supporting such finding is as follows: The parking deck shall be designed in such a manner as to complement the neighborhood. Monitoring Actions: The Planning Department shall review and approve architectural plans to assure visual impacts are adequately mitigated prior to the City issuing a building permit for the parking deck. Description of significant effect: Aesthetics: Construction of the City and County parking facilities could distract from the visual aesthetics of the County complex. The City Council finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The fact supporting such finding is as follows: The parking facilities shall be designed in such a manner as to complement the County complex rather than distract from the County complex by either designing the parking in small clusters with appropriate pedestrian paths or by an extensive and well-designed landscaping plan, or by other design features. UKI/AgySigEff/CDC 11/1/89 14. 15. Monitoring Actions: The Planning Department shall review and approve final grading, landscaping and architectural plans to assure visual impacts are adequately mitigated prior to the issuance of any grading or building permit. Description of significant effect: Noise: Increase in noise due to realignment of Leslie Street, expansion of downtown parking lot and construction of the parking deck. The City Council finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The facts supporting such finding are as follows: Construction shall be limited to occur between 7:00 a.m. and 7:00 p.m. and surrounding land users shall be notified in advance of when the noisiest activities will occur. After each project is designed, a detailed study shall be prepared evaluating various construction alternatives that will reduce noise exposure to the surrounding land users. Monitoring Actions: After approval of the design of each project, but prior to issuance of a building permit, a study shall be prepared by the applicant to the Agency recommending various construction alternatives that will reduce noise. During grading, excavation and construction, the City Planning and Building Departments shall conduct periodic unscheduled construction site visits to check adherence to the noise reduction alternatives and to the hours of operation. The contractor shall submit to the Agency the projected dates when the noisiest activities will occur and shall submit to the Agency the procedure which they will use to notify the surrounding property occupants of such dates. Description of significant effect: Noise: Construction of the County complex and City and County parking facilities will result in short-term construction noise to the residents of the mobile home park. UKI/AgySigEff/CDC The City Council finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The facts supporting such finding are as follows: ao The hours of construction shall be limited between 7:00 a.m. and 7:00 p.m. ae All construction equipment powered by internal combustion engines shall be fitted with proper mufflers. b. All stationary noise-generating equipment will be located as far as practical from the residents. Co "Quiet" construction equipment shall be used whenever possible. do A Disturbance Coordinator shall be designated to respond to complaints from construction noise. Monitoring Actions: During grading, excavation and construction, the City Planning and Building Departments shall conduct periodic unscheduled construction site visits to check adherence with the noise reduction mitigation measures. The Agency shall designate a Disturbance Coordinator to handle construction noise complaints. UKI/Agy~3igEff/CDC 10 11/1/89